when should you get a workers compensation lawyer

Full Answer

When should I hire workers comp attorney?

If your claim is approved, you may be eligible for these and other benefits:

• Medical benefits;
• Temporary total disability;
• Permanent partial disability;
• Permanent total disability;
• Wage loss compensation;
• Death benefits paid to the spouse and dependents of a worker killed on the job.

When do you really need workers compensation attorney?

You should necessarily contact workers’ comp attorney every time you’ve faced threats of being fired or downgraded. Filing claims is one of your rights, and if anyone prevents or punishes you for doing so, they are breaking the law. If you face situations when you don’t know what to do, make sure to use professional lawyers’ help.

When should I contact a workers' compensation attorney?

• You suffered a minor workplace injury, such as a twisted ankle or a cut requiring a few stitches.
• Your employer admits that the injury happened at work.
• You missed little or no work due to your injury.

More items...

When an employee should contact an employment lawyer?

If you are involved in an employment-related dispute, or if you need to ensure that you are in compliance with the many local, state or federal laws relating to employment, you should contact a local employment law attorney for assistance.

How long do most workers comp settlements take?

around 12-18 monthsHow Long Does It Take to Reach a Settlement for Workers' Comp? The entire settlement process—from filing your claim to having the money in your hands—can take around 12-18 months depending on the details of your case and whether or not you have legal representation.

Does Workers Comp follow you around?

When Do Workers' Comp Investigators Follow You? Any time after you file a claim, an investigator may follow you or investigate you. You're more likely to be placed under investigation if you have a large claim, have filed claims before or if the insurance company has any reason to be concerned about fraud.

How much do workers comp lawyers charge in California?

In California, the workers' compensation judge will authorize a fee of 10%, 12%, or 15%, according to the complexity of your case. In a case where you settle for $40,000, your attorney's fee could be anywhere from $4,000 to $6,000.

Does workers comp pay for lost wages in California?

Lost wage benefits through the California workers' comp system do not reimburse an injured worker for all income lost. Instead, it will only amount to about two-thirds of the employee's average gross wages.

Can insurance companies read your text messages?

If there is evidence that you were talking on the phone, sending text messages, or otherwise distracted, your insurance company may seek to confirm those facts in order to deny your claim. They may also request records if they suspect you're involved in any form of insurance fraud.

Can insurance investigators tap your phone?

No, an insurance investigator cannot tap your phone – ever. Tapping a phone involves using electronic equipment to secretly listen to someone's phone conversations, and it is illegal. However, tapping a phone should not be confused with taking a recorded statement, which many insurance companies do on a routine basis.

How do workers comp attorneys get paid?

Lawyers generally handle workers' comp cases, like most personal injury cases, on what's called a "contingency fee" basis. That means if you win your case, your attorney receives a percentage of your workers' comp benefits or settlement. If you lose, there's no fee.

How long does it take to settle workers comp case in California?

If the judge approves the settlement, you will receive your lump-sum payment within 30 days.

How do workers comp attorneys get paid in California?

Workers' Comp Fees in California If you get a settlement or award of benefits, my office gets 15%. The 15% attorney fee is paid from the employee's workers' compensation benefits. In a few cases, the employer might have to pay the attorney fee. In most cases, the 15% is based on the permanent disability award.

Can you be fired while on workers comp in California?

While you do have legal rights and protections under California law from being dismissed because of injuries or disabilities related to your work injury, being on workers' compensation does not protect you from being fired or laid off.

Who pays for my health insurance while on workers comp in California?

Workers comp benefits apply to any worker who suffers a qualifying work injury. They guarantee that the worker's health insurance (which includes medical bills, lost wages, and disability benefits) will be paid by his employer's workers compensation insurance.

Is there a waiting period for workers comp in CA?

California Worker's Compensation Benefits. There is a three calendar day waiting period before injured employees will receive wage benefits. The three days do not have to be consecutive.

When You Can Probably Represent Yourself

As a general rule, you may be able to get by without an attorney if all of the following statements are true: 1. You suffered a minor workplace inj...

What Your Attorney Will Do For You

In addition to making sure you file all the necessary forms and meet the deadlines, an experienced attorney will know how to gather the evidence ne...

Tilting The Scales in Your Favor

The workers' compensation system may have been intended to provide prompt and fair compensation to injured workers. But now, it seems to work mostl...

How long does it take to file a workers comp claim?

Reporting regulations and deadlines vary from state to state, but it should typically take no longer than 30 days to complete this process.

What does an attorney do for you?

A lawyer will file the paperwork on time, build your case, negotiate with the insurance company and draft a settlement, if one is agreed on. If it’s not, you’re headed for a hearing.

What to do if your insurance doesn't agree with your rating?

If the insurance company doesn’t agree with the rating, it can require you to get an independent medical exam (IME) by a doctor of its choosing. Chances are that doctor will give you a lower rating than what you (and your sore neck) feel you deserve. A lawyer can help convince a judge you are entitled to a higher rating.

Do attorneys cross-examine witnesses?

An attorney not only will prepare your argument, he or she will prepare you to say the right things in testimony. They also will cross-examine the insurance company’s witnesses. That job should not be left up to amateurs. Unlike civil cases, workers compensation law has a safety net of sort.

Is it bad to handle workers compensation?

Unless you’re an attorney or enjoy reading workers compensation manuals in your spare time, probably not. Handling a case on your own is usually a bad idea, especially since the insurance company will be represented by someone who’s probably handled hundreds of cases.

Can you file a workers comp lawsuit if you are a third party?

If you have a third-party claim – You can go outside the workers comp system and file a workers comp lawsuit if someone other than your employer contributed to your injury. For instance, if a negligent driver hits you while you are driving for work, you can sue that person for damages.

Can a worker's compensation settlement be rejected?

They can reject the settlement if they feel it’s not reasonable and the employee is getting a raw deal.

How to contact a workers compensation lawyer?

Our workers’ compensation attorneys are standing by. Call (844) 243-4823 or contact us via an online chat today.

How long do you have to file for workers comp?

After this, you have up to three years to file for workers’ compensation. Failure to file within this window of time can result in you forfeiting your claim. However, it’s vital that you consider whether you need a workers’ comp lawyer well before the deadlines set in the statute of limitations.

How to get a fair settlement for workers compensation?

In order to get a fair settlement, it’s important you to have someone on your side who is equally skilled when it comes to negotiating and navigating the workers’ compensation system.

Do you need to be in close communication with a workers compensation attorney?

There are certain situations and periods of time throughout the claims process in which it’ll be necessary to be in close communication with your workers’ compensation attorney.

Does Pennsylvania have a statute of limitations for workers compensation?

In terms of your workers’ compensation claim, you must keep in mind that Penn sylvania has a strict statute of limitations, under which you must get treatment from a doctor on your employer’s list of medical providers in a timely manner.

How much do workers comp lawyers charge?

Additionally, many states place caps on contingency fees in workers' comp cases. The percentage varies from state to state, but is generally between 15% and 25%. However, the fee can be as low as 10% and as high as 33% in some states . (For more information about fees, see our article on how much it costs to hire a workers' comp lawyer .)

What to do if you have a work injury?

If your injuries are not clearly work-related, require extensive medical treatment, involve long periods of time off work, or result in permanent disability, you should call a workers' compensation lawyer.

What happens if you dispute your workers comp rating?

Your permanent disability rating is disputed. The bulk of most workers' comp settlements and awards are for permanent disability benefits. These benefits are calculated based on your permanent disability rating. If the insurance company doesn't agree with the rating assigned by your treating doctor, it can require you to attend an independent medical examination (IME) with a doctor of its choosing. The IME doctor will likely assign a much lower disability rating, which the insurance company will use to justify paying you less in benefits. A lawyer can be essential to getting you a fair settlement or convincing a judge that you are entitled to the higher rating. (To learn more, see our article on how permanent disability ratings work .)

Why do insurance companies deny workers compensation claims?

For example, the insurance company might claim that your injury wasn't work-related or that you filed your claim too late. (To learn more, see our article on common reasons workers' comp claims are denied .)

What to do if you can't work again?

If you can never work again, you'll need to maximize your workers' comp benefits and structure them in a way to last well into the future. If you need to change careers, you'll need to secure training in a new line of work. A lawyer can help you do both.

What to do when you have a dispute with an insurance company?

Any time you're in a dispute with the insurance company, you should consider hiring a lawyer to represent you. You will need to gather evidence in order to challenge the insurance company's position, which may include taking depositions, requesting an independent medical examination, and hiring expert witnesses—all of which require legal knowledge and skill.

Can insurance companies deny or delay medical treatments?

Insurance companies often deny—or delay in approving—expensive medical treatments, such as surgery. A lawyer can put pressure on the insurance company to approve necessary medical treatments in a timely manner. Your ability to work has been affected.

How long does it take to settle a workers compensation case?

A 2015 survey of workers compensation clients by the law firm Martindale-Nolo indicated the average case took more than 15 months to resolve. Cases involving permanent disabilities, or negotiated settlements, or clients represented by lawyers — boat-rockers all, it would seem — stretched out an additional two to three months.

How long does a workers comp claim last?

By contrast, because there routinely are ongoing disputes over evolving issues — your claim is denied; you’re having trouble getting medical care; you’re unable to return to your previous job; your disabilities are disputed — workers comp cases can last for years, even decades.

How to get a lawyer rating?

Do your research. Avvo.com, the attorney-rating website, is a good place to start. Pay attention to both peers’ and clients’ reviews. Gather a handful of names and begin making calls. Set up interviews. If at all possible, meet face-to-face. Learn about their communications styles and preferences — Are they compatible with your own? — and how accessible they are. What if something happens on the weekend? Will you have to wait until Monday to talk it over?

What does work related medical issues mean?

Your work-related medical issues prevent you from returning to your prior job, or limit what you can do at work.

What is the purpose of workers comp?

Ideally under workers comp, the injured employee receives the care (s)he needs to become healthy and productive once more, as well as tax-free wages to pay the bills; the employer gets a healthy worker and avoids costly litigation.

Can you appeal workers compensation if you are permanently disabled?

You are permanently disabled, either totally or in part, and the insurer resists your rating. Your employer and insurer fail to pay workers compensation benefits promptly, counting on you not to file an appeal.

Can employers dissuade workers from filing workers comp?

Employers, who despise the knock-on effects of higher premiums associated with claims, will attempt to dissuade workers from filing a workers comp claim “even when they’ve had a legitimate on-the-job accident, ” she says.

What does a lawyer do for workers comp?

A lawyer will be able to analyze the details of a particular workers ’ comp case to ensure an employee receives proper benefits. The lawyer might look over medical records to determine the extent of the injury in question and could also examine your business’s records to see if it has had any previous safety violations.

Why do employees hire workers comp lawyers?

Employees who retain an attorney often do so because: They don’t understand how the claims process works. They want to make sure they are filing the claim correctly.

What happens when an employee accepts a workers comp claim?

When employees file a workers’ comp claim, they report the incident to the proper labor authorities in their state. If an injured employee accepts benefits or a settlement package, they usually waive the right to sue your business, but they can reject the settlement outright and pursue litigation.

What to do if your business's insurance provider denies your claim?

Lawyers can also advise employees after your business’s insurance provider decides whether or not to grant benefits. If the insurer denies the claim or offers an unsatisfactory payout, the employee’s lawyer may encourage him or her to appeal the decision. As noted above, this is an instance when a small business might consider hiring its own ...

What happens if my business doesn't have workers comp insurance?

Your business lacks workers’ comp insurance. If your company fails to purchase the required workers’ comp coverage for the states in which you do business, you are likely to hear from the Occupational Safety and Health Administration, in which case it’s wise to speak with an attorney.

How long does it take to get workers comp insurance?

carriers. Once you find the right policy for your small business, you can begin coverage in less than 24 hours.

What do lawyers do for employees?

Lawyers help employees assess the cost of their injury or illness to determine how much money they should receive. To do so, attorneys consider medical bills, rehabilitation costs, time away from work, and the type of disability that the employee has incurred.

Why do you need an attorney for workers comp?

With that in mind, these are the top reasons for hiring an attorney. 1. Hire a Workers’ Comp Attorney to Evaluate the Claim .

What does a workers compensation attorney do?

An experienced workers’ compensation attorney will work to protect your rights. They are on your side, which means they are focused on what course of action is in your best interest. Employers want to protect themselves, and the insurance company wants to spend as little money as possible.

Why is my workers comp claim denied?

One reason for denial is if you have a pre-existing condition in the area of the injury. A workers’ comp doctor may say all your pain is from the other condition and not from the injury , so the claim is denied. 6. An Attorney Can Negotiate a Settlement Offer.

What happens if a subcontractor is responsible for another subcontractor's injury?

If one subcontractor was responsible for another’s an injury, they might be liable instead of the owner of the job site. 5. A Worker’s Comp Attorney Can Appeal a Denial.

What can an attorney do for you?

An attorney can determine the cost of your injury with current and future medical expenses and help you decide what is a fair and adequate amount for a settlement.

How often are laws changed?

Changes are made to laws every day, and the average person doesn’t know what all these changes mean.

What can a lawyer do for you?

They can offer legal advice to warn you of possible complications that would require their services. At the very least, it will help you feel more informed and better prepared for dealing with the insurance and employer.

Why is an attorney helpful?

This is why an attorney’s assistance be especially helpful. 2. Your Employer is Preventing You From Filing. If you’ve been injured on the job, it is absolutely essential that you are able to file for worker’s compensation insurance. You have the right as an employee to do so.

Do workplace injuries happen?

Unfortunately, however, the reality is that workplace injuries do happen and happen with surprising frequency. In these situations, employees should be able to rely on their employer’s legally required worker’s compensation insurance to help cover their injuries and the cost of their care.

Can an employer prevent an employee from filing a claim?

You have the right as an employee to do so. In some cases, employers may attempt to prevent their employees from filing via their insurance. This is often because they are nervous about their rates going up as a result of the claim going through.

Do you have to fill out paperwork for workers compensation?

In most worker’s compensation cases, an employee will fill out the proper paperwork with their employer and submit these documents to the insurance company . In many cases, as long as the injury at hand is clearly work-related, getting rightful compensation shouldn’t be all too difficult.

Do you need an attorney for an injured worker?

In most cases, there will be no need for injured workers to call an attorney. However, if the employee has issues getting the compensation he or she deserves, it’s time to seek the help of an worker’s compensation attorney.

Can you be injured at work but not immediately?

You might find yourself in a situation where you realize you’ve been injured at work but not immediately. Some injuries develop over time or don’t reveal their symptoms and signs for a number of days.

What can a worker's compensation attorney do?

A workers' compensation attorney can help workers who are injured on the job recover compensation for these injuries, including medical bills and lost wages.

What is the ultimate goal of a workers comp lawyer?

The goal of the workers' comp lawyer representing the defendant, which would be the employer or the employer's insurance company, is to mitigate the defendant's liability.

What are the laws that cover federal employees?

Federal employees are covered by a number of laws, including the Federal Employees Compensation Act, the Jones Act for seamen, and the Longshore and Harbor Workers' Compensation Act for longshore and harbor workers. The effect of most workers' comp laws is to make the employer strictly liable for injuries sustained in the course of employment, ...

What does an attorney do for insurance companies?

On the defense side, attorneys help insurance companies or self-insured employers mitigate their exposure and defend against workers' comp claims.

What is the effect of workers comp laws?

The effect of most workers' comp laws is to make the employer strictly liable for injuries sustained in the course of employment, without regard to the negligence of the employer or the employee. The injury must arise in the course and scope of employment to give rise to a valid claim, and an employee-employer relationship must exist.

Why do workers comp claims fail?

Litigating cases before a judge or referee. A lack of concrete and comprehensive medical evidence is one of the primary reasons workers' comp claims fail, and it's a critical responsibility of an attorney to prevent this.

What are some examples of workers compensation?

Updated October 07, 2019. Accidents can be pretty common at work—a broken arm from a fall off a ladder, a back injury from lifting heavy boxes, or carpal tunnel syndrome as a result of years of typing are all common examples. A workers' compensation attorney can help workers who are injured on the job recover compensation for these injuries, ...

What is workers comp?

When you are injured while performing any activity on behalf of your employer, you are entitled to workers’ compensation benefits. This includes medical care, temporary disability, permanent disability, job retraining as required, and mileage reimbursement for medical treatment. It doesn’t matter who is at fault or the reason for the accident. If your employer is refusing these benefits, you need to speak with a well-qualified workers’ comp lawyer.

What happens if you don't settle for workers compensation?

If your workers’ compensation settlement isn’t handled properly it could limit or lower potential Social Security disability payments in the future. Your workers’ compensation attorney can structure your settlement to help you avoid this scenario.

Why was workers comp created?

The workers’ compensation system was created to eliminate civil lawsuits related to workplace injuries. Even so, there are circumstances which will allow you to sue, such as when a third party contributed to your injuries, your employer’s negligence causes your injury, or your employer does not carry workers’ comp insurance. A well-qualified lawyer can explain the specifics in regard to your injury.

What happens if your employer retaliates against you?

If your employer retaliated – fired you, cut your hours, demoted you, decreased your salary or rate, or discriminated against you – as a result of your workers’ compensation claim, you need an experienced workers’ compensation attorney to protect your rights.

What is the number to call for workers compensation in Florida?

With offices throughout South Florida, our expert team can deliver the personalized representation you need when you have been injured on the job. Call 954-833-5226 now for your free consultation.

Can you appeal a workers comp claim?

Employers and their insurers often reject workers’ comp claims, believing workers won’t appeal the decision. If your claim has been denied, a workers’ compensation lawyer can help you appeal and gain a fair settlement.

Can you get lost wages if you are unable to work?

Similar to the reason above, there are times when your employer agrees to provide compensation for your medical care but refuses your disability benefits which cover your lost wages. If you are unable to work because of your injury, you are entitled to lost wages during your time out of work. If your are unable to work the same number of hours because of you injury, you are also entitled to lost wages. If you aren’t receiving the disability benefits to which you are entitled, a workers’ compensation lawyer can help.